RAM KUMAR AGGARWAL AND ANR. versus THAWAR DAS (DEAD) THROUGH LRS.

RAM KUMAR AGGARWAL AND ANR. versus THAWAR DAS (DEAD) THROUGH LRS.

The judgment and decree of the High Court were unsustainable as it exercised jurisdiction beyond Section 100 CPC, entertained mixed questions of law and fact not pleaded or raised, and failed to uphold statutory requirements for readiness and willingness in specific performance; execution of decree does not bar the right to appeal.

Parties
Appellant: Ram Kumar Aggarwal; Respondent: War Das (Dead) through LRS
Jurisdiction
India
Judgment Date
20 August 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment
Outcome
Appeals allowed
Legal Topics
Second Appeal Jurisdiction, Specific Performance, Readiness and Willingness, Part Performance, Execution of Decree, Right to Appeal
Civil Procedure Contract Property Constitutional Law Second Appeal Jurisdiction Specific Performance Readiness and Willingness Part Performance +2 more

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Parties

Ram Kumar Aggarwal

Appellant

War Das (Dead) through LRS

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment

Legal Issues

  1. 1 Scope of High Court jurisdiction under Section 100 CPC in second appeal
  2. 2 Whether finding of fact may be upset without substantial question of law
  3. 3 Requirements for readiness and willingness under Section 16(c) Specific Relief Act

Ratio Decidendi

The judgment and decree of the High Court were unsustainable as it exercised jurisdiction beyond Section 100 CPC, entertained mixed questions of law and fact not pleaded or raised, and failed to uphold statutory requirements for readiness and willingness in specific performance; execution of decree does not bar the right to appeal.

Court Disposition

Appeals allowed

Orders

  • Judgment and decree of High Court set aside
  • Judgment and decree of Trial Court as affirmed by District Judge restored